The Alcohol and Gaming Regulation Act, 1997

Transcription

1 1 ALCOHOL AND GAMING REGULATION, 1997 c. A The Alcohol and Gaming Regulation Act, 1997 being Chapter A of the Statutes of Saskatchewan, 1997 (February 1, 2003) as amended by the Statutes of Saskatchewan, 1998, c.16; 2000, c.36; 2002, c.27 and 42; and 2003, c.15. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 c. A ALCOHOL AND GAMING REGULATION, 1997 Table of Contents PART I Short Title and Interpretation 1 Short title 2 Interpretation PART II The Liquor and Gaming Authority DIVISION 1 Continuation and Purpose 3 Authority continued 4 Act to be administered by authority 5 Agent of the Crown 6 Head office DIVISION 2 Directors, Commitees and Employees 7 Board of directors 8 Executive committee 9 Advisory committees 10 Employees 11 Conflict of interest DIVISION 3 Powers and Responsibilities 12 Responsibilities 13 Powers respecting property and agreements 14 Powers respecting sales and stores 15 Powers respecting lottery schemes 16 Authority may become shareholder 17 Powers respecting horse racing 18 Horse racing enforcement and investigations 19 Powers respecting licences, permits, etc. 20 Power to enter into agreements with Canada DIVISION 4 Liquor and Gaming Licensing Commission 21 Liquor and Gaming Licensing Commission continued 22 Commission panels 23 Officers of commission 24 Certain interests prohibited DIVISION 5 Commission Hearings 25 Non-liability of members 26 Hearings by commission 27 Notice 28 Conduct of hearings 29 Right to be heard 30 Applicant may apply for review 31 Applying for review 32 Conduct of review 33 Suspension or cancellation by authority 34 Procedure at hearing 35 Powers 36 Finality of decision 37 Immediate suspension DIVISION 6 General Provisions Respecting Permits, Licences, Etc. 38 Terms of licence, etc. 39 Compliance with terms 39.1 Administrative penalties 40 Effective date of licence, etc. 41 Fees 42 Licence and certificate of registration not transferable 43 Licence, etc., property of authority 44 Investigations 45 Access to premises, etc. 46 Fees chargeable to Saskatchewan Gaming Corporation PART III Beverage Alcohol Permits DIVISION 1 Issuance and Terms 47 Authority may issue permits 48 Where prohibited 49 Municipal bylaws 50 Public transportation 51 Types of permitted premises 52 Permit to be posted 53 Maximum number 54 Reduction in number of permits 55 Price lists to be posted DIVISION 2 Applications 56 Suitability of premises 57 Application for permit 58 Signed statement 59 Qualifications of applicant 59.1 Evidence of good character 60 Qualifications of other applicants

3 3 ALCOHOL AND GAMING REGULATION, 1997 c. A Certain interests prohibited 61.1 Special occasion permits 61.2 Continuing qualification DIVISION 3 Application Hearings 62 Publication of notice 63 Filing of objections 64 Restriction on cancellation 65 Return of beverage alcohol 66 When permit suspended DIVISION 4 Specific Privileges 67 Authority of permittee DIVISION 5 Special Cases 68 If premises destroyed 69 If permittee dies 69.1 Transfer of permit when allowed 70 Improvement of facilities DIVISION 6 HOURS AND DAYS 71 Sale restricted 72 References to time 73 Resolution re when a premises may be open DIVISION 7 Permitted Premises 74 Sale by glass or in open containers 75 Consumption on premises 76 Kinds of beer required DIVISION 8 Medical Use 77 Medical use permits 78 Physicians 79 Pharmacists, dispensing 80 Pharmacists, compounding purposes 81 Certain persons may sell, etc. 82 Duties of holder DIVISION 9 Other Permits 83 Non-consumptive use permit 84 Educational institutions 85 Issuance of permit 86 Religious use 87 Competition permit 88 Return to manufacturer 89 Samples 90 Medicines, toiletries, etc. 91 Brewers association DIVISION 10 General 92 Compliance required 93 Beverage alcohol to be sold for cash 94 Records 95 Authority may verify records 96 Premises to be available for inspection PART IV Liquor Stores and Franchises 97 References 98 Authority may establish stores 99 Establishment of stores 100 Establishment where no vote necessary 101 Establishment where no bylaw 102 Duty-free stores 103 Duty-free purchases 104 Franchises 105 Return of beverage alcohol PART V General Beverage Alcohol Control DIVISION 1 Restrictions on Where Alcohol May be Kept, Etc. 106 Interpretation Part V 107 Public places 108 Common carriers 109 Vehicles DIVISION 2 Minors 110 Minors 111 Proof of age premises 112 Proof of age stores 113 Minors restricted in permitted premises 114 Exception for certain minors 115 Restriction respecting minors DIVISION 3 General Prohibitions 116 Presence in premises during prohibited times 117 Denatured products

4 4 c. A ALCOHOL AND GAMING REGULATION, Restrictions on certain products 119 Compounds producing beverage alcohol 120 Maximum number of persons 121 Maximum number of seats 122 Refusal to admit entry 123 Reasons entry refused 124 Quality and type 125 Intoxicated persons 126 Intoxicated in public place 127 Disorderly conduct 128 Entertainment 129 Prohibitions affecting stores, etc. 130 Repealed 131 Breaking open container or tasting on store premises 132 Unauthorized purchase 133 Inducement to contravene 134 Restrictions re advertising 135 Canvassing 136 Restrictions on permit applications 137 False assertions in applications 138 Unlawful keeping, etc. 139 Penalties PART VI Licensed Lotteries 140 Terms of licences 141 Local authority licences 142 Reports by local authorities 143 Form and manner of reports PART VII Gaming 144 Authorization to work as gaming employee or act as a gaming supplier 145 Application to be registered 146 Requirements for registration 147 Reports to be filed PART VIII Horse Racing 148 Saskatchewan Horse Racing and Breeding Advisory Board PART IX Procedure DIVISION 1 Enforcement Powers 149 Arrest without warrant 150 Power to demand names, etc. 151 Search with warrant 152 Search with warrant re conveyance 153 Search without warrant 154 Search and seizure of conveyance DIVISION 2 Forfeiture 155 Conveyances 156 Disposition of seized beverage alcohol 157 Application to justice 158 Authority may show cause for forfeiture 159 Powers of justice 160 Forfeiture 161 Alcohol shipped in fictitious name 162 Disposal of beverage alcohol forfeited 163 Schedule forwarded DIVISION 3 Court Matters 164 Notice of certificates 165 Describing offences in information 166 Proof of previous convictions 167 Conviction for several offences 168 Proof of licence 169 Certificate of analyst 170 Inference respecting beverage alcohol 171 Proof of contravention 172 Precise description unnecessary PART X Property, Accounts and Finance 173 Moneys and property belong to Saskatchewan 174 Insuring properties 175 Bonding of employees 176 Loans 177 Bank account 178 All moneys payable to the authority 179 Expenses to be charged against receipts 180 Treasury Board orders and directives 181 Books and accounts 182 Disposition of profits of the authority 183 Annual statement and report 184 Oath of office 185 Regulations PART XI General PART XII Repeal, Transitional and Coming Into Force 186 S.S , c.a repealed 187 Transitional 188 Coming into force

5 5 ALCOHOL AND GAMING REGULATION, 1997 c. A CHAPTER A An Act respecting the Regulation of Alcohol and Gaming PART I Short Title and Interpretation Short title 1 This Act may be cited as The Alcohol and Gaming Regulation Act, Interpretation 2 In this Act: authority means the Liquor and Gaming Authority continued pursuant to section 3; («régie») beer means a beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt or hops or of any similar product in drinkable water and not containing more than 8.5% alcohol by volume; («bière») beverage alcohol means an intoxicating substance that may be used as a food or beverage and includes: (a) beer, wine and spirituous, fermented and malt liquor; (b) any combinations of food or beverages or either of them containing a substance that is intoxicating; («boisson alcoolisée») certificate of registration means a certificate of registration granted pursuant to section 146; («certificat d inscription») commission means the Liquor and Gaming Licensing Commission continued pursuant to section 21; («commission») container means a bottle or other receptacle or container used for holding beverage alcohol and includes a jug, keg, cask, barrel or can; («contenant») dentist means the holder of a valid licence issued pursuant to The Dental Profession Act, 1978; («dentiste») endorsement means an endorsement to a permit granting additional rights with respect to the sale of beverage alcohol; («mention») franchise means a franchise for the sale of beverage alcohol granted by the authority pursuant to section 104; («franchise»)

6 6 c. A ALCOHOL AND GAMING REGULATION, 1997 gaming employee means a person who for compensation or the promise of compensation is employed by a person licensed pursuant to section 207 of the Criminal Code, the Saskatchewan Gaming Corporation or a gaming supplier in the conduct and management of a lottery scheme in any capacity, but does not include: (a) subject to the regulations, a person licensed pursuant to section 207 of the Criminal Code; or (b) any person who: (i) acts as a bona fide volunteer for a person licensed pursuant to section 207 of the Criminal Code in the conduct and management of a lottery scheme; (ii) does not have a financial interest in any gaming services being supplied to a person licensed pursuant to section 207 of the Criminal Code; and (iii) is not employed by a registrant; («préposé aux jeux de hasard») gaming establishment means any premises in which a lottery scheme is licensed to operate; («établissement de jeux de hasard») gaming services means: (a) the sale, rental, lease, gift, exchange or loan of any gaming establishment; (b) the sale, rental, lease, gift, exchange, loan, printing, publication, distribution or manufacturing of any gaming supplies, including any lot, card, ticket, paper, slip, symbol, token, coin, machine, device, equipment or game; or (c) the provision of: (i) gaming employees; or (ii) promotional, financial or management services; («services relatifs aux jeux de hasard») gaming supplier means a person who for compensation or the promise of compensation, either alone or through a registered gaming employee or any employee or agent, supplies gaming services to another for the conduct and management of a lottery scheme, but does not include: (a) subject to the regulations, a person licensed pursuant to section 207 of the Criminal Code; or (b) a landlord who has no interest in the conduct or management of the lottery scheme other than to provide the premises on which the lottery scheme is to be conducted; («fournisseur de services relatifs aux jeux de hasard») horse racing means any race in which horses participate that is a qualifying race or a race on which pari-mutuel betting is conducted; («course de chevaux»)

7 7 ALCOHOL AND GAMING REGULATION, 1997 c. A horse-racing licence means a licence issued pursuant to clause 17(2)(c); («licence de courses de chevaux») horse-racing registration means a registration granted pursuant to clause 17(2)(e); («inscription de courses de chevaux») justice means a justice of the peace or a provincial court judge; («juge de paix») licence means, except where otherwise provided, a licence issued pursuant to section 207 of the Criminal Code, but does not include a horse-racing licence; («licence») licensee means a person who holds a licence and who is named in the licence; («titulaire de licence») local authority means a local authority specified by the Lieutenant Governor in Council pursuant to section 207 of the Criminal Code for the issuance of licences pursuant to that section; («autorité locale») lottery scheme means a lottery scheme within the meaning of section 207 of the Criminal Code; («loterie») manufacturer means a brewer or distiller duly licensed by the Government of Canada or a wine manufacturer duly conforming to the laws of Canada; («fabricant») minister means the member of the Executive Council to whom for the time being the administration of this Act is assigned; («ministre») minor means a person who is under 19 years of age; («mineur») municipality includes a hamlet within the meaning of The Rural Municipality Act, 1989; («municipalité») officer means a police officer, constable or enforcement officer and includes any person appointed pursuant to section 10; («agent») permit means a permit issued pursuant to this Act or the regulations for the possession, sale, keeping for sale, use, importation or manufacture of beverage alcohol; («permis») permitted premises means the premises for which a permit is issued, except premises mentioned in a permit to: (a) sell or consume beverage alcohol at a special occasion; or (b) manufacture alcohol; («lieu visé par un permis») permittee means a person to whom a permit is issued pursuant to this Act or the regulations; («titulaire de permis») pharmacist means the holder of a valid licence issued pursuant to The Pharmacy Act, 1996; («pharmacien») physician means a duly qualified medical practitioner; («médecin»)

8 8 c. A ALCOHOL AND GAMING REGULATION, 1997 racetrack means any place in Saskatchewan where any form of horse racing is or may be carried on and includes the track, grounds, stables, grandstands, parking areas, offices and adjacent places used in connection with horse racing; («hippodrome») registrant means a person who is required pursuant to this Act to be registered as: (a) a gaming supplier; or (b) a gaming employee; («inscrit») reviewable endorsement means an endorsement prescribed in the regulations as being subject to review by the commission; («mention révisable») sale includes: (a) the exchange, barter and traffic of beverage alcohol; and (b) the selling, supplying or distributing of beverage alcohol to any person by any means; («vente») Saskatchewan Gaming Corporation means the Saskatchewan Gaming Corporation established pursuant to The Saskatchewan Gaming Corporation Act; («Société des jeux de hasard de la Saskatchewan») store means a store established by the authority; («magasin») vehicle means vehicle as defined in The Highway Traffic Act; («véhicule») wine means an alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar, including honey and milk. («vin») 1997, c.a , s.2; 2000, c.36, s.3. PART II The Liquor and Gaming Authority DIVISION 1 Continuation and Purpose Authority continued 3(1) The Liquor and Gaming Authority is continued as a corporation consisting of the persons appointed as members by the Lieutenant Governor in Council. (2) The Lieutenant Governor in Council may create a seal for the authority. (3) The authority shall: (a) pay to the members of the authority the remuneration determined by the Lieutenant Governor in Council; and (b) reimburse members of the authority for travelling and living expenses at rates established by the Public Service Commission.

9 9 ALCOHOL AND GAMING REGULATION, 1997 c. A (4) Every member of the authority holds office at pleasure and, notwithstanding the expiry of any term designated by the Lieutenant Governor in Council for the member, continues to hold office until his or her successor is appointed. 1997, c.a , s.3. Act to be administered by authority 4(1) The authority shall administer this Act. (2) The authority is responsible to the minister in the performance of its responsibilities and the exercise of its powers. 1997, c.a , s.4. Agent of the Crown 5 The authority: (a) is for all its purposes an agent of the Crown and may exercise its powers pursuant to this Act only as an agent of the Crown; (b) has capacity to contract and to sue and be sued in its name respecting any right acquired or obligation incurred by it on behalf of the Crown as if the right or obligation had been acquired or incurred on its own behalf; (c) may sue respecting any tort, and may be sued respecting any liabilities in tort, to the extent to which the Crown is subject by reason of The Proceedings against the Crown Act; and (d) may contract in the authority s name on behalf of the Crown without specific reference to the Crown. 1997, c.a , s.5. Head office 6 The head office of the authority is to be at any place in Saskatchewan designated by the Lieutenant Governor in Council. 1997, c.a , s.6. DIVISION 2 Directors, Committees and Employees Board of directors 7(1) A board of directors of the authority, consisting of those persons who are appointed as members of the authority, shall manage the affairs and business of the authority. (2) The authority may do any act or thing pursuant to this Act by way of a resolution of the board of directors.

10 10 c. A ALCOHOL AND GAMING REGULATION, 1997 (3) The Lieutenant Governor in Council may designate one of the members of the board of directors as chairperson and another member as vice-chairperson. (4) Where the chairperson is absent or unable to act or the office of chairperson is vacant, the vice-chairperson or, in the absence of the vice-chairperson, any other member may act in the place of the chairperson. (5) All acts performed by the vice-chairperson or a member pursuant to subsection (4) have the same force and effect as if they had been performed by the chairperson. (6) The Lieutenant Governor in Council may fix the number of members of the board of directors that constitutes a quorum for the transaction of business at meetings of the board of directors. 1997, c.a , s.7. Executive committee 8(1) The board of directors may: (a) appoint from its number an executive committee; and (b) delegate to the executive committee any powers that it considers necessary for the efficient conduct of the affairs and business of the authority. (2) A member of the executive committee holds office until he or she: (a) is removed by the board of directors; or (b) has ceased to be a member of the board of directors. (3) The executive committee may exercise any powers of the board of directors that are delegated to it by resolution of the board of directors, subject to any restrictions contained in the resolution. (4) The executive committee shall: (a) fix its quorum at not less than a majority of its members; (b) keep minutes of its proceedings; and (c) submit to the board of directors, at each meeting of the board of directors, the minutes of the executive committee s proceedings during the period since the most recent meeting of the board of directors. 1997, c.a , s.8. Advisory committees 9 The board of directors may: (a) appoint any advisory committees that it considers necessary for the efficient conduct of the affairs and business of the authority; (b) set out the duties of any committee appointed pursuant to clause (a); and

11 11 ALCOHOL AND GAMING REGULATION, 1997 c. A (c) fix the remuneration and allowances for expenses of members of any committee appointed pursuant to clause (a). 1997, c.a , s.9. Employees 10(1) The authority shall appoint a person to be the chief executive officer of the authority who shall have supervision over and direction of the work of the staff of the authority. (2) The authority may: (a) employ persons required for the administration of its responsibilities pursuant to this Act, the regulations and the rules of horse racing and may determine their respective powers, duties, terms of employment and remuneration; (b) engage the services of experts and persons having special technical or other knowledge; (c) appoint persons or categories of persons for the purpose of enforcing all, or any provision, of this Act, the regulations and the rules of horse racing respecting all, or any geographic area, of Saskatchewan; (d) appoint any person to conduct investigations for the purposes of this Act, the regulations and the rules of horse racing; and (e) delegate to any employee of the authority any or all of its powers, including the power to issue, grant, refuse, suspend or cancel permits, horseracing licences and certificates of registration and the power to assess penalties pursuant to section , c.a , s.10; 1998, c.16, s.3. Conflict of interest 11(1) No member or employee of the authority, as owner, part owner, partner, member of a syndicate, shareholder, agent or employee, whether for his or her own benefit or in a fiduciary capacity for another person, shall: (a) be directly or indirectly interested or engaged in any business or undertaking dealing in beverage alcohol; (b) be a registrant, licensee, holder of a horse-racing licence, holder of a horse-racing registration or permittee; (c) be directly or indirectly interested or engaged in any business or undertaking with a registrant, licensee or permittee or any business or undertaking that is associated with a registrant, licensee or permittee;

12 12 c. A ALCOHOL AND GAMING REGULATION, 1997 (d) be directly or indirectly interested or engaged in any business or undertaking that is associated with the Saskatchewan Gaming Corporation; (e) be directly or indirectly interested or engaged in any business or undertaking dealing in gaming services; (f) be directly or indirectly interested or engaged in any business or undertaking dealing in horse racing or racetracks; or (g) be directly or indirectly interested or engaged in any business or undertaking with a holder of a horse-racing licence or holder of a horse-racing registration or any business or undertaking that is associated with a holder of a horse-racing licence or holder of a horse-racing registration. (2) The authority may waive any of the provisions of subsection (1) respecting an employee where it appears to the authority that the interest of the employee will not affect his or her ability to carry out his or her duties. 1997, c.a , s.11. DIVISION 3 Powers and Responsibilities Responsibilities 12 The authority is responsible for the regulation and control of: (a) the manufacture of beverage alcohol in Saskatchewan; (b) the importation of beverage alcohol into Saskatchewan; (c) the possession, sale and delivery of beverage alcohol in Saskatchewan by any person other than a person to whom a permit has been issued; (d) lottery schemes in Saskatchewan; (e) horse racing and racetracks in Saskatchewan. 1997, c.a , s.12. Powers respecting property and agreements 13(1) In accordance with this Act and the regulations, the authority may: (a) with the approval of the Lieutenant Governor in Council: (i) purchase or sell any land; (ii) purchase, construct or sell any buildings; (b) lease any land, building, furnishings or equipment; (c) purchase or dispose of any furnishings, equipment and supplies; (d) lease to another person any land, buildings, furnishings, equipment or supplies; (e) cause any property owned or leased by it to be insured against loss from any cause;

13 13 ALCOHOL AND GAMING REGULATION, 1997 c. A (f) enter into agreements with any person, agency, organization, association, institution or body; (f.1) develop, promote or support activities or programs that are designed to encourage responsible consumption of beverage alcohol or responsible participation in gaming; (f.2) subject to subsection (2), make grants to any person, agency, organization, association, institution or body for the purposes mentioned in clause (f.1), on any terms and conditions that the authority considers appropriate; (g) perform any other duties that may be designated by the Lieutenant Governor in Council; and (h) do any other things the authority considers advisable or necessary for the purpose of carrying out the intent of this Act. (2) The authority shall obtain the approval of the Lieutenant Governor in Council before making any grant pursuant to clause (1)(f.2) that is greater than $50,000 in any fiscal year of the authority. 1997, c.a , s.13; 2002, c.42, s.5. Powers respecting sales and stores 14 In accordance with this Act and the regulations, the authority may: (a) purchase, import and have in its possession and sell beverage alcohol, and furnish stocks of beverage alcohol to stores, franchises and permittees; (b) determine the location, construction, accommodation, furnishings, equipment, operation and management of its stores, franchises and warehouses; (c) determine the places in which its stores, franchises and warehouses are to be established and have the general control, management and supervision of those stores and warehouses in Saskatchewan; (d) determine the days and hours that stores and franchises are to be kept open for the sale of beverage alcohol; (e) where it has established a store or franchise, close the store or revoke the franchise for any reason it considers sufficient; (f) fix the prices at which any class, variety or brand of beverage alcohol may be sold by the authority and provide for the making and distribution of price lists for each class, variety or brand of beverage alcohol to be kept for sale pursuant to this Act; and (g) limit the area where a franchise may sell beverage alcohol to a permittee. 1997, c.a , s.14.

14 14 c. A ALCOHOL AND GAMING REGULATION, 1997 Powers respecting lottery schemes 15(1) The authority may act as a registrant. (2) With the approval of the Lieutenant Governor in Council, and in accordance with any directions that the Lieutenant Governor in Council may prescribe, the authority may conduct and manage lottery schemes for the Government of Saskatchewan: (a) within Saskatchewan; or (b) within Saskatchewan and another province of Canada in accordance with any agreement entered into pursuant to subsection (3). (3) With the approval of the Lieutenant Governor in Council, the authority, on behalf of the Government of Saskatchewan, may enter into any agreement with the government of another province for the purpose of clause (2)(b). (4) For the purpose of conducting lottery schemes for the Government of Saskatchewan pursuant to subsection (2), the authority may: (a) respecting any premises in which it conducts a lottery scheme, determine: (i) the location and construction of the premises; (ii) the furnishings and equipment to be used in the premises; and (iii) the operation and management of the premises; (b) control, manage and supervise the premises in which it conducts a lottery scheme; (c) respecting a lottery scheme conducted and managed by the authority, enter into agreements with any person: (d) (i) for the conduct of operations; or (ii) for the provision of services; and subject to the regulations: (i) determine the lottery schemes and games, operations and devices to be used respecting a lottery scheme conducted by the authority; (ii) determine the consideration to be paid by persons participating in the lottery scheme; and (iii) determine the kinds and amounts of prizes available to participants in the lottery scheme. 1997, c.a , s.15. Authority may become shareholder 16 The authority may: (a) become a shareholder or member in any corporation to which a licence is issued; (b) appoint persons to act as directors of a corporation mentioned in clause (a);

15 15 ALCOHOL AND GAMING REGULATION, 1997 c. A (c) participate in any way it considers advisable in the affairs of a corporation mentioned in clause (a); and (d) enter into agreements or arrangements with a corporation mentioned in clause (a). 1997, c.a , s.16. Powers respecting horse racing 17(1) The authority may make rules for the conduct of horse racing and may adopt by reference, in whole or in part, with any changes that the authority considers necessary, rules and procedures of horse-racing associations. (2) In accordance with this Act and the rules of horse racing, the authority may: (a) govern, direct, control, prohibit and regulate horse racing in any or all of its forms and the operation of racetracks in Saskatchewan; (b) set out the qualifications for horse-racing licences; (c) grant horse-racing licences to persons who operate racetracks, racetrack officials, owners, veterinarians, trainers, drivers, jockeys, apprentice jockeys, grooms, jockeys agents, jockeys valets, exercise riders, farriers, hot walkers, pony riders, tradespersons and any other person in or about racetracks that the authority determines should be licensed; (d) set out the qualifications and terms for horse-racing registrations and require registration with the authority of colours, stable names, partnerships, authorized agents and anything else the authority considers appropriate; (e) register colours, stable names, partnerships, authorized agents and anything else prescribed by the authority; (f) establish the forms for horse-racing licences, horse-racing registrations and applications; (g) fix and collect fees or other charges for horse-racing licences and horseracing registrations; (h) set dates for and set out the form of horse-race meetings; (i) require approval by the authority of the appointment by a person or body other than the authority of racetrack officials and employees whose duties relate to the actual running of horse races and compel the discharge for cause of any official or employee; (j) require persons licensed to operate racetracks to keep books of account in a manner satisfactory to the authority, and may inspect those books at any time;

16 16 c. A ALCOHOL AND GAMING REGULATION, 1997 (k) assist in the development of horse racing in Saskatchewan by sponsoring equine research and making grants or loans to any person on any terms that the authority considers appropriate; and (l) do any other things relating to horse racing in any or all of its forms or to the operation of racetracks that are authorized or directed by the Lieutenant Governor in Council. (3) The authority shall not issue a horse-racing licence to an applicant unless, in the authority s opinion, the applicant is of good character. (4) No holder of a horse-racing licence shall fail to meet the requirement of good character at any time during the term of the horse-racing licence. 1997, c.a , s.17; 2002, c.42, s.6. Horse racing enforcement and investigations 18(1) The authority may authorize a steward, harness racing judge, employee of the authority or person appointed pursuant to subsection 10(2) to: (a) enforce this Act and the rules of horse racing; and (b) conduct an investigation into any matter when a person has or is suspected of having contravened this Act or the rules of horse racing or acted in a manner that is prejudicial to the best interests of horse racing. (2) A person who is authorized to enforce the rules of horse racing and conduct investigations when a person has or is suspected of having contravened the rules of horse racing or acted in a manner that is prejudicial to the best interests of horse racing may: (a) conduct a search on or near a racetrack: (i) of any holder of a horse-racing licence who is involved in or who, on reasonable grounds, is suspected of being involved in the matter being investigated; or (ii) of any place, premises, vehicle or receptacle where there are reasonable grounds to believe that there is any thing that relates to the matter being investigated and, for the purposes of that investigation, seize that thing; (b) hold hearings relating to carrying out his or her duties and for that purpose may: (i) summon any person by subpoena; (ii) require that person to give evidence on oath; and (iii) require that person to produce any documents and things that the person holding the hearing considers necessary; and (c) suspend or cancel the horse-racing licence of, or impose a fine or any other sanction on, any person who has contravened the rules of horse racing or acted in a manner that is prejudicial to the best interests of horse racing.

17 17 ALCOHOL AND GAMING REGULATION, 1997 c. A (3) A decision made pursuant to clause (2)(c) is, for the purposes of this Act, a decision made by the authority. 1997, c.a , s.18. Powers respecting licences, permits, etc. 19(1) Subject to this Act, the regulations and the rules of horse racing, the authority may: (a) grant any application for a licence, permit, horse-racing licence, horse-racing registration or certificate of registration on any terms it considers expedient; (a.1) grant endorsements to permits on any terms it considers appropriate; (b) refuse any application for a licence, permit, endorsement, horse-racing licence, horse-racing registration or certificate of registration; (c) refer an application for a licence, permit, reviewable endorsement, horse-racing licence or certificate of registration to the commission for a hearing pursuant to clause 26(1)(a) where it is of the opinion that it is in the public interest to conduct a hearing; (d) determine the duration of licences, permits, endorsements, horse-racing licences, horse-racing registrations and certificates of registration; (e) assess a penalty pursuant to section 39.1 against a permittee or registrant; (f) at the time it assesses a penalty pursuant to clause (e): (i) determine the date by which the penalty is to be paid in full; and (ii) order that the permit or certificate of registration, as the case may be, is suspended for any period that the authority considers expedient if the permittee or registrant fails to pay the penalty in full by the date determined pursuant to subclause (i); and (g) suspend or cancel a licence, permit, endorsement or certificate of registration. (2) Respecting permits, the authority shall: (a) fix the price at which beverage alcohol may be sold by a permittee; (b) determine the land or buildings that constitute premises with respect to which a permit may be issued; and (c) regulate and restrict the nature and conduct of entertainment at any place where a permit is, or is to be, issued. 1997, c.a , s.19; 1998, c.16, s.4; 2000, c.36, s.4.

18 18 c. A ALCOHOL AND GAMING REGULATION, 1997 Power to enter into agreements with Canada 20(1) In this section: beverage alcohol means beverage alcohol brought into Saskatchewan from outside Canada; («boisson alcoolisée») customs officer means an officer, as defined in the Customs Act (Canada), who is employed at a customs office in Saskatchewan. («agent de douane») (2) The authority may enter into an agreement with the Government of Canada: (a) identifying the beverage alcohol or class of beverage alcohol to be covered by the agreement; (b) appointing customs officers as agents of the authority to do the following on behalf of the authority: (i) accept beverage alcohol; (ii) collect and remit to the authority the mark-up set by the authority for the beverage alcohol accepted pursuant to subclause (i); (iii) when the mark-up set by the authority has been paid, sell and release the beverage alcohol accepted pursuant to subclause (i) to the individual who brought the beverage alcohol into Saskatchewan from outside Canada; and (iv) when the mark-up set by the authority has not been paid, detain and release to the authority the beverage alcohol accepted pursuant to subclause (i); (c) authorizing the payment on behalf of the authority of a refund of all or a part of the mark-up collected pursuant to subclause (b)(ii) to the individual who paid the mark-up; (d) prescribing the circumstances and conditions governing a payment pursuant to clause (c); (e) prescribing the manner in which and times at which a mark-up collected pursuant to subclause (b)(ii) must be remitted to the authority; (f) respecting forms to be used in relation to beverage alcohol; and (g) respecting any other matter in relation to beverage alcohol. (3) For the purpose of this section, the authority may set mark-ups on the resale price of beverage alcohol. 1997, c.a , s.20.

19 19 ALCOHOL AND GAMING REGULATION, 1997 c. A DIVISION 4 Liquor and Gaming Licensing Commission Liquor and Gaming Licensing Commission continued 21(1) The branch of the authority known as the Liquor and Gaming Licensing Commission is continued for the purposes of exercising the powers set out in this Act. (2) The commission consists of not less than three and not more than seven members to be appointed by the Lieutenant Governor in Council. (3) Every member of the commission holds office at pleasure and, notwithstanding the expiry of any term designated by the Lieutenant Governor in Council for the member, continues to hold office until his or her successor is appointed. (4) The authority shall: (a) pay to the members of the commission the remuneration determined by the Lieutenant Governor in Council; and (b) reimburse members of the commission for travelling and living expenses at rates established by the Public Service Commission. 1997, c.a , s.21. Commission panels 22(1) Any three or more members of the commission may sit as a panel of the commission and that panel may exercise or perform any powers or duties that the commission itself could exercise or perform. (2) Any number of panels may sit concurrently. (3) Two members of a panel constitute a quorum at any hearing conducted by a panel. (4) A decision or action of a panel is the decision or action of the commission. 1997, c.a , s.22. Officers of commission 23(1) The Lieutenant Governor in Council shall designate one of the members of the commission to be the chairperson, one of the members to be the vicechairperson and one of the members to be the secretary. (2) Where the chairperson is absent or unable to act or the office of chairperson is vacant, the vice-chairperson may act in the place of the chairperson. (3) All acts performed by the vice-chairperson pursuant to subsection (2) have the same force and effect as if performed by the chairperson.

20 20 c. A ALCOHOL AND GAMING REGULATION, 1997 (4) The secretary shall: (a) keep a record of all proceedings conducted before the commission; (b) have custody and care of all records and documents pertaining to or filed with the commission; and (c) authenticate and cause to be published all orders made by the commission. 1997, c.a , s.23. Certain interests prohibited 24 No member of the commission, as owner, part owner, partner, member of a syndicate, shareholder, agent or employee, whether for his or her own benefit or in a fiduciary capacity for another person, shall: (a) be directly or indirectly interested or engaged in any business or undertaking dealing in beverage alcohol; (b) be a registrant, licensee, holder of a horse-racing licence, holder of a horse-racing registration or permittee; (c) be directly or indirectly interested or engaged in any business or undertaking with a registrant, licensee or permittee or any business or undertaking that is associated with a registrant, licensee or permittee; (d) be directly or indirectly interested or engaged in any business or undertaking that is associated with the Saskatchewan Gaming Corporation; (e) be directly or indirectly interested or engaged in any business or undertaking dealing in gaming services; (f) be directly or indirectly interested or engaged in any business or undertaking dealing in horse racing or racetracks; or (g) be directly or indirectly interested or engaged in any business or undertaking with a holder of a horse-racing licence or holder of a horse-racing registration or any business or undertaking that is associated with a holder of a horse-racing licence or holder of a horse-racing registration. 1997, c.a , s.24. Non-liability of members 25 No action lies or shall be instituted for any loss or damage suffered by any person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by any of the following pursuant to or in the exercise or supposed exercise of any power conferred by this Act, the regulations or the rules of horse racing or in the carrying out or supposed carrying out of any decision or order made pursuant to this Act, the regulations or the rules of horse racing or any duty or responsibility imposed by this Act, the regulations or the rules of horse racing: (a) (b) the authority; any member of the authority;

21 21 ALCOHOL AND GAMING REGULATION, 1997 c. A (c) the commission; (d) any member of the commission; (e) any employee or other person acting under the instructions of the authority or the commission or pursuant to the authority of this Act, the regulations or the rules of horse racing. 1997, c.a , s.25. Hearings by commission 26(1) The commission shall: DIVISION 5 Commission Hearings (a) hold an oral hearing where the authority has received an application for a licence, horse-racing licence, permit, reviewable endorsement, or certificate of registration and, in the opinion of the authority, it is in the public interest to conduct an oral hearing; (b) subject to subsection (1.1), hold an oral hearing where the authority has received an application for a permit or reviewable endorsement from an applicant who is qualified pursuant to section 59 or 60 or the regulations and the authority has received a written objection pursuant to subsection 29(2); (c) hold a hearing where the authority has imposed terms on a licence, horse-racing licence, permit or reviewable endorsement that are unsatisfactory to the applicant or refused an application for a licence, horse-racing licence, horse-racing registration, permit, reviewable endorsement or certificate of registration and the applicant applies for a review in accordance with section 30; (d) hold an oral hearing where the authority proposes to suspend or cancel a licence, permit, reviewable endorsement or certificate of registration and the licensee, permittee or registrant, as the case may be, applies for a hearing in accordance with section 33; (e) hold an oral hearing in accordance with section 37 where the authority has suspended a licence, permit, reviewable endorsement or certificate of registration pursuant to that section; (f) hold a hearing where the authority has imposed terms on a certificate of registration pursuant to subsection 146(4) and the registrant applies for a review in accordance with that section; (g) hold a hearing where a horse-racing licence has been suspended or cancelled or a fine or other sanction has been imposed on any person who has contravened the rules of horse racing or who has acted in a manner that is prejudicial to the best interests of horse racing and the applicant applies for a review in accordance with section 30; and (h) hold an oral hearing where a permittee or registrant has applied for a hearing in accordance with section 39.1.

22 22 c. A ALCOHOL AND GAMING REGULATION, 1997 (1.1) The commission shall not hold an oral hearing where a person has filed a written objection within the meaning of section 63 and the commission, after considering the grounds for the objection, determines, in its absolute discretion, that those grounds: (a) are frivolous or vexatious; or (b) are prescribed in the regulations as grounds for which a hearing is not to be held. (2) The commission may rehear any application for: (a) the issuance, suspension or cancellation of a licence, horse-racing licence, permit or certificate of registration; or (b) the imposition of any sanction for contravention of the rules of horse racing or acting in a manner that is prejudicial to the best interests of horse racing. 1997, c.a , s.26; 1998, c.16, s.5; 2000, c.36, s.5. Notice 27(1) Where an oral hearing is to be held pursuant to this Act, the commission shall give the person respecting whom the oral hearing is to be held written notice of the oral hearing indicating the time and place. (2) The notice is to be given in accordance with: (a) subsection (3) respecting a hearing to be held pursuant to clause 26(1)(a), (b), (c), (f) or (g); (b) subsection (4) respecting a hearing to be held pursuant to clause 26(1)(d) or (h); and (c) section 37 respecting a hearing to be held pursuant to clause 26(1)(e). (3) A notice mentioned in clause (2)(a) shall be sent by ordinary mail. (4) A notice mentioned in clause (2)(b) shall be served by: (a) personal service made: (i) in the case of an individual, on that individual; (ii) in the case of a partnership, on any partner; or (iii) in the case of a corporation, on any officer or director; or (b) registered mail addressed to the address for service indicated by the applicant in the application for the review or hearing.

23 23 ALCOHOL AND GAMING REGULATION, 1997 c. A (5) A notice sent by ordinary or registered mail is deemed to have been delivered on the seventh day after the date of its mailing unless the person to whom it is sent establishes to the satisfaction of the commission that, through no fault of that person, the person did not receive it or received it at a later date. 1997, c.a , s.27; 1998, c.16, s.6. Conduct of hearings 28(1) Subject to subsections (2) and (3), the commission may regulate its own practice and procedures for the conduct of hearings. (2) Oral hearings conducted pursuant to this Act are to be open to the public. (3) Notwithstanding subsection (2), the commission may exclude the public from any part of an oral hearing where the commission is of the opinion that admitting the public would unduly violate the privacy of, result in financial loss or gain to or prejudice the competitive position of any person. (4) The commission has all the powers conferred or that may be conferred on commissioners pursuant to The Public Inquiries Act. (5) Where a hearing is to be conducted pursuant to clause 26(1)(a), the notice given by the commission pursuant to subsection 27(1) is to indicate the grounds on which the authority considers the hearing to be advisable. 1997, c.a , s.28. Right to be heard 29(1) Every person: (a) who is the subject of an oral hearing shall be given an opportunity to be heard and may be represented by counsel at that person s expense; and (b) who, in the opinion of the commission, is an interested party may appear at an oral hearing but only with the permission of the commission. (2) Notwithstanding clause (1)(b) and subject to subsections (3) and 26(1.1), every person who has filed a written objection within the meaning of section 63 with the authority at least five days before the date of the oral hearing shall be given an opportunity to be heard at the oral hearing and to make written representations. (3) Where the commission holds an oral hearing pursuant to clause 26(1)(b), a person who has filed a written objection shall not be given the opportunity to be heard or make written representations where the commission, after considering the grounds for the objection, determines, in its absolute discretion, that those grounds: (a) are frivolous or vexatious; or (b) are prescribed in the regulations as grounds for which a person is not to be given the opportunity to be heard or make written representations. 1997, c.a , s.29; 2000, c.36, s.6.

24 24 c. A ALCOHOL AND GAMING REGULATION, 1997 Applicant may apply for review 30 Within 15 days after being notified of the decision, an applicant may apply for a review by the commission of a decision of the authority to: (a) impose terms on a licence, horse-racing licence, permit or reviewable endorsement; (b) refuse to issue a licence, horse-racing licence or permit or to grant a horse-racing registration, reviewable endorsement or certificate of registration; or (c) suspend or cancel a horse-racing licence or impose a fine or other sanction on a person who has contravened the rules of horse racing or acted in a manner that is prejudicial to the best interests of horse racing. 1997, c.a , s.30; 2000, c.36, s.7. Applying for review 31(1) An application for a review pursuant to section 30 or subsection 146(5) is to be commenced by: (a) filing an application for review with the commission; (b) where the applicant wishes an oral hearing, requesting a date and time for the oral hearing; and (c) paying the prescribed fee. (2) The application for review mentioned in subsection (1): (a) is to be substantially in the form prescribed in the regulations; and (b) may be accompanied by any other information that the applicant wishes the commission to consider. 1997, c.a , s.31; 2003, c.15, s.9. Conduct of review 32(1) The commission is not required to hold an oral hearing unless the applicant, at the time of filing the application for review, requests an oral hearing. (2) At a review conducted pursuant to this section, the commission may consider: (a) any information submitted by the applicant; (b) any information considered by the authority in making its decision; and (c) where an oral hearing is held, any information given or representations made at the oral hearing. (3) Where an applicant who requests an oral hearing fails to appear at the oral hearing without the prior approval of the commission: (a) the applicant is deemed to have waived the applicant s right to an oral hearing; and (b) the commission shall consider the application on the basis of the material mentioned in clauses (2)(a) and (b). 1997, c.a , s.32.

25 25 ALCOHOL AND GAMING REGULATION, 1997 c. A Suspension or cancellation by authority 33(1) Subject to section 37, where the authority proposes to suspend or cancel a licence, permit, reviewable endorsement or certificate of registration, it shall give notice to the licensee, permittee or registrant, as the case may be, of the action it intends to take. (2) A licensee, permittee or registrant who receives a notice pursuant to subsection (1) may apply, within 15 days after it is served with the notice, for a review by the commission by: (a) filing an application for an oral hearing with the commission; and (b) paying the prescribed fee. (3) The application for a hearing mentioned in clause (2)(a): (a) is to be substantially in the form prescribed in the regulations; and (b) may be accompanied by any other information that the applicant wishes the commission to consider. (4) Where the authority has given notice to the licensee, permittee or registrant in accordance with subsection (1) and the licensee, permittee or registrant does not apply for a review pursuant to subsection (2), the authority may suspend or cancel the licence, permit, reviewable endorsement or certificate of registration in accordance with the terms of the notice. 1997, c.a , s.33; 2000, c.36, s.8. Procedure at hearing 34(1) At a hearing conducted pursuant to section 33, the commission may consider: (a) any information submitted by the applicant; (b) any information considered by the authority in making its decision; and (c) any information given or representations made at the oral hearing. (2) Where an applicant fails to appear at an oral hearing without the prior approval of the commission: (a) the applicant is deemed to have waived the applicant s right to an oral hearing; and (b) the commission shall consider the application on the basis of the material mentioned in clauses 32(2)(a) and (b). (3) At a hearing conducted pursuant to this section, the commission may suspend or cancel a licence, permit, reviewable endorsement or certificate of registration where the commission is satisfied that: (a) the licensee, permittee or registrant has violated this Act, the regulations, any terms to which the licence, permit, reviewable endorsement or certificate of registration is subject or an order of the authority or the commission; or (b) it is not in the public interest that the licence, permit, reviewable endorsement or certificate of registration remain in effect. 1997, c.a , s.34; 2000, c.36. s.9.